Pesticide Management Policy

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STAATSKOERANT, 24 DESEMBER 2010 No.33899 37

GENERAL NOTICES

ALGEMENE KENNISGEWINGS

NOTICE 1120 OF 2010

DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES

FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCKREMEDIES ACT, 1947 (ACT NO. 36 OF 1947)

ADOPTION OF PESTICIDE MANAGEMENT POLICY FOR SOUTH AFRICA

I, Tina Joemat-Pettersson, Minister of Agriculture, Forestry and Fisheries acting under Section

7bis of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act

No. 36 of 1947) hereby publish the Pesticide Management Policy for South Africa.

T. Joemat-Pettersson,

Minister of Agriculture, Forestry and Fisheries.

G10-113028-D



38 No. 33899 GOVERNMENT GAZETTE, 24 DECEMBER 2010

DEPARTMENT: AGRICULTURE, FORESTY AND FISHERIES

PESTICIDE MANAGEMENT POLICY

FOR SOUTH AFRICA



STAATSKOERANT, 24 DESEMBER 2010 No. 33899 39

TABLE OF CONTENTS

1. INTRODUCTION ............................................................................................................1

2. PROBLEM STATEMENT ...............................................................................................2

3. OBJECTIVES ....... , ...........................................................................................................3

4. POLICY TO ADDRESS THE PROBLEM .......................................................................4

5. LEGISLATJON .............................................................................................................. 11

6. INSTITUTIONAL ARRANGEMENTS ........................................................................... 12

6.1 Pesticide Regulation Unit .......................................................................................... 12

6.2 Inter-departmental Cooperation ................................................................................ 12

6.3 Advisory Bodies ......................................................................................................... 13

A. ANNEXURE 1 .............................................................................................................. 15

Definitions/Glossary of Terms .............................................................................................. 15

B. ANNEXURE 2 .............................................................................................................. 19

Acronyms ...............................................................................................................................19



40 No.33899 GOVERNMENT GAZETTE, 24 DECEMBER 2010

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PESTICIDE MANAGEMENT POLICY FOR SOUTH AFRICA

1. INTRODUCTION

Pesticides are widely used to control the growth and proliferation of undesirable organisms that,

if left unchecked, would cause significant damage to forests, crops, stored food products,

ornamental and landscape plants, and building structures. The use of pesticides in both

agricultural and non-agricultural settings provides important benefits to society, contributing to

an abundant supply of food and fibre and to the control of a variety of public health hazards and

nuisance pests.

Owing to the fact that they are designed to be biologically active, pesticides have potential to

cause undesirable side effects. These include adverse effects on workers, consumers.

community health and safety, groundwater. surface waters, and non-target wildlife organisms.

In addition, pesticide use raises concerns about the persistence and accumulation of pesticides

in food chains quite distant from the original point of use, and about the role of certain pesticides

in causing reproductive failure and endocrine system abnormalities in both wildlife and humans

and other species that are not their intended target. It is therefore, important to control the use

of pesticides, by carefully weighing the benefits that they confer against any possible adverse

effects.

The Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, which governs

amongst other things pesticides and their use was passed by Parliament in 1947. Although the

Act has been amended on several occasions since then. it has never been systematically

revised. The activities of the Department of Agriculture, Forestry and Fisheries (DAFF). the body

that administers the Act, have not been publicly scrutinised since the inception of the Act. In

addition, of the more than 3000 pesticides products approved for use in South Africa, many

have not been re-evaluated for years. Their safety therefore, has not been reassessed to bring

them in line with today's more stringent standards of risk assessment.

The absence of effective management of pesticides to ensure that pesticides are used in ways

that lead to the minimisation of significant adverse effects on human health and the environment

is of concern. Scientific and medical journals increasingly report the risks posed to human

health by pesticides, including links between pesticides and diseases such as cancer and

hormone disruption. The mounting evidence of the negative impacts of pesticides on wildlife

and the environment has prompted South Africans to register their disapproval of pesticides and




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take action to reduce their use. Consumer perception, nationally as well as internationally,

demanded a move from a production-centred system purely based on quantity parameter

towards more quality oriented production methods and also residue-free agricultural produce.

In the light of these developments, changes to the method used to manage pesticides are

required. These changes must be based on a policy that aims to eliminate all significant risks to

human health and environment potentially from pesticides use and also incorporates sound

production systems. Human health, environmental quality and economic development depend

on effective systems that enable South Africans to manage and use pesticides safely and

sustainably. Effective systems are those that identify the potential impacts that pesticide use

may have on human health and the environment and provide government, industry and the

community with correct tools to reduce and manage those impacts. Thus, the premise of this

Policy is that sustainable development, built on a balance economic growth, equitable access

and long-term environmental sustainability, is fundamental to global competitiveness.

This Policy provides information and will serve as guidelines to support the legislation and

regulations. It provides decision- makers with direction by setting out a framework to ensure

improvements that are aimed at ensuring that pesticides are produced, used and disposed of

throughout their full life-cycle in ways that pose no significant adverse effects on health and the

environment.

2. PROBLEM STATEMENT

The Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36

of 1947) is almost 60 years old. Changes to the context within which pestiCides are managed

have taken place and have led to a need to consider reviewing the current Act to improve

efficiency and effectiveness of pesticides management in South Africa. The review yielded a

number of concerns, including, inter alia:

• The Act does not adequately address Constitutional requirements in relation to Bill of Rights

(Le. right of environment which is not harmful to health), Access to Information, openness,

transparency and participate in decision- making and also just administration action;

• The Act does not adequately incorporate international obligations and agreements to which

South Africa is a Party;

• Under the current Act, anyone contravening a provision of the Act or the regulations is guilty

of an offence and will be summarily convicted and liable to a fine not exceeding R1000, and

such penalties have limited deterrent effect;




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• There is no requirement for review of registered pesticides or re-evaluation of old

chemicals;

• lack of establishment of pesticide use surveillance and monitoring systems to

gather information on common conditions of use and their impact on health and

environment;

• The act does not adequately protect non-target areas (e.g. residential areas,

schools, hospitals, etc) from exposure to activities spraying activities;

• The act does not require prior training and certification to use/apply the most toxic

pesticides (e.g. WHO hazard class 1 and II);

• lack of capacity for research on alternative pest control and crop production measures

• lack

of awareness raising, education and training appropriate to the public and the user• Does not adequately encourage registration that favours lower risk products and reduced

reliance on pesticides overall;

• The Act does not adequately address the problem of obsolete stockpile pesticides and

their disposal;

• The Act does not adequately address the issue of pesticide container management; and

• Inadequate integration across government departments and complementing other

legislations.

3. OBJECTIVES

The objectives of this policy are:

• To improve legislative framework to ensure that South Africans are better protected from

health and environmental risks posed by pesticides;

• To encourage the development and use of alternative products and techniques and

reduce dependence on chemical plant protection products

• To integrate relevant international agreements and initiatives from other government

departments;• Increased transparency. access to information and improve public participation in the

registration of pesticides.

These objectives can only be achieved effectively through partnerships between Government,

the agro-chemical industry. farmers, Community Based Organizations, labor, Non

Governmental Organizations, consumer groups and other stakeholders nationally and through

international initiatives.




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4. POLICY TO ADDRESS THE PROBLEM

The objectives of the policy will be achieved through the application of relevant and existing

international agreements, policies and regulatory frameworks, with particular reference to the

following

(i) Protection of human health and promotion of non-toxic environment

The stage for the development of a cohesive body of law has been set by the inclusion of an

environmental clause in South Africa's Constitution (the Constitution of the Republic of South

Africa, Act No. 108 of 1996). Section 24 of the Constitution of the Republic of South Africa

specifically imposes a duty on the State to promulgate legislation that ensures that the

environment is not harmful to the health or well being of its inhabitants; as well as the need to

have the environment protected for future generations. Also, section 33 (Just Administrative

Action) of the Constitution grants the right to fair, lawful, reasonable and procedurally fair

administrative action and provides that where administrative action has adversely affected

rights, written reasons must be given. This right is important, for example, where regulatory

decision authorised in terms of pesticide legislation is refused.

To fulfil the environmental rights, the Department Agriculture, Forestry and Fisheries shall

endeavour to use sound scientific criteria that are generally consistent worldwide, and this must

be the cornerstone of our regulatory decision- making, and should be central to the

responsibility that South Africans have entrusted us with; that is. to safeguard their health and

environment. Thus, regulatory decisions will be made, using a risk management approach that

will involve risk assessment. The evaluation process will focus on whether the health and

environmental risks posed by a pesticide, when used as directed, are likely to be acceptable,

and whether the product offers a worthwhile contribution to pest management. The Policy takes

into cognisance the fact that speCial attention should be given to pesticides that poseunmanageable risk, with an understanding that such pesticides should be considered for phase

out, severe restriction and bans. Those that will be considered include those with Endocrine

Disrupting Properties (EDP), Persistent Organic Pollutants (POPs), carCinogenic and

immunotoxic potential, formulations classified by WHO as Extremely Hazardous (class 1a) and

Highly Hazardous (class 1b), as well as pesticides associated with frequent and severe

poisoning incidents.

Furthermore, the National Environmental Management Act (NEMA). 1998 (Act No. 107 of 1998)

provides for cooperative environmental governance by establishing principles for decision

making on matters affecting the environment. To further these goals, the DAFF shall develop




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and implement comprehensive pesticide reduction strategies that would apply to all of its

activities, including the registration process. The pesticide reduction strategies will include the

incorporation of an appropriate application of the "SUbstitution principles· as an important tool to

promote the replacement of pesticides with less toxic products and non-chemical altematives.

The substitution prinCiple requires or encourages phasing out the use of harmful substances

when less harmful substances or methods can be identified to achieve the same or similar level.

Also, the DAFF shall incorporate the requirements of review of existing registered pesticides in

the new legislation. The review shall be done if there is new evidence that indicates that they

(pesticides) might carry a significant risk of harm to human health, safety or the environment or

that the product is no longer efficacious.

Protection of Biodiversity: Another key issue for pesticides is the effect they might have on

biodiversity. The National Environmental Management: Biodiversity Act (NEMBA) 2004, (Act

No. 10 of 2004) provides for the management and conservation of South Africa's biodiversity

within the framework of the NEMA; the protection of species and ecosystems that warrant

protection; and the sustainable use of indigenous biological resources.

ConSidering how prevalent the use of pesticide is in ecosystems where endangered species are

at risk, the DAFF shall give explicit protection for such species. However, the approval systemwill not eliminate non-target species' effect altogether, and it will be difficult to reduce

environmental effects from the use of pesticides to the low level desired, owing to the fact that

much of the environmental impact from approved pesticides is attributed to indirect effects - for

example, affecting bird chick survival rates by reducing insect populations at critical times.

These indirect effects often result from products acting as intended and could sometimes be

tackled through major changes to agronomic practice - which may not be practical - or through

mitigation. Examples of mitigation measures might include the requirement for the use of certain

pesticides or prescribing use only at a specific time.

Protection of water quality: National Water Act, 1998 (Act No. 36 of 1998) makes provision for

the protection of water resources, including the prevention of pollution. Part 4 deals with the

prevention of pollution, and in particular the situation where pollution of a water resource occurs

or might occur as a result of activities on land.

The Department of Water Affairs (DWAF) has initiated the National Toxicity MonitOring

Programme, which will monitor the levels of a number of pesticides in groundwater and surface

water to ensure that water pollution from pesticides does not threaten compliance with the

National Water Act, 1998 (Act No. 36 of 1998). An effective approach to reducing pollution of




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water by pesticides would be, first, to release fewer pesticides and/or less toxic pesticides into

the environment and, second, to use practices that minimize the movement of pesticides tosurface water and groundwater. Where necessary, the DAFF, through the regulatory system,

shall place requirements or restrictions on users to limit the movement of pesticides to water.

These will include instituting buffer zones, restricting aerial spraying in a certain proximity to

water sources.

Food Safety: Efforts to maintain and enhance the safety of the nation's food supply are critical

as established in the Foodstuffs, Cosmetics and Disinfectants Act (FCDA), 1972 (Act No. 54 of

1972). The FCDA Regulations make provision to establish maximum limits for pesticide

residues that may be present in foodstuffs to ensure that food is safe to eat. To regulate the

safety of food, the DAFF's regulatory systems shall ensure that pesticides are properly labeled,

and the producers apply those pesticides in accordance with the label. To ensure compliance

with FCDA, monitoring of residues on food is important.

Worker Protection: The Occupational Health and Safety Act (OHSA). 1993 (Act No. 85 of

1993) regulates health and safety at the workplace for all workers. This Act places the onus on

employers to maintain a safe workplace. The regulation makes provision for various mandatory

safety measures to protect the health of workers handling hazardous chemicals, such as risk

assessment, safety training, safe practices. and medical, biological and environmental

monitoring of all workplaces.

The DAFF shall, in accordance with OHSA Act, engage with employers and employees to raise

awareness, institute educational and training and programmes appropriate to the public and

users. Training and information programmes should include all sectors handling and using

pesticides. Aside from farmers, pesticide retail store-owners and attendants. government

technicians and extension workers, pest control operators, and even medical doctors,

environmental health offICers, nurses and paramedics should also be trained on the safe useof

pesticides. Also, the DAFF shall require that any person applying and selling pesticides must be

certified in order to apply or sell pesticides in South Africa.




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(ii) International obligation and agreements

Contributing to the safe use of chemicals at a global level: Over the past decade, there has

been growing international concern over the state of the global environment and the complex

linkages with human and environmental health as well as economic and social development.

The recognition of human health and the environment, the efforts of countries to improve

chemicals (including pesticides) management at international level over the past few decades

have resulted in improvements in information and knowledge and the construction of principles,

processes (formal and informal), institutions, and legally binding and non-binding agreements

that now constitute the prevailing international regime for chemicals management.

Internationally a number of bodies, which impose specific requirements on South Africa, have

been created to address aspects of chemicals management. The recommendations in this

Policy will fit into international programmes and make a major contribution to achieving safer

use of pesticides at a global level.

Compliance with the Rotterdam Convention on the Prior Informed Consent Procedure

(PIC) fo r Certain Hazardous Chemicals and Pest icide in international trade: The RotterdamConvention on Prior Informed Consent (PIC) for certain hazardous industrial chemicals and

pesticides obliges an exporter of such chemicals to obtain consent of the receiving country

before delivery. This Convection was adopted in 1998 after the realisation that trade and

environmental poliCies should be mutually supportive with a view to achieving sustainable

development.

This policy supports the use of international instruments such as PIC that address the

international trade (import and export) of pesticides developed to protect human health and the

environment from the potential harmful effects of certain hazardous pesticides. As a Party to the

PIC procedure, South Africa has to comply with the procedure that international shipment of

pesticides that are banned or severely restricted to protect human health or the environment

should not proceed without the agreement, or contrary to the decision, of the participating

country. This policy however, supports the notion that the ban or restrictions of these highly

toxic pesticides should go along with the promotion of crop protection alternatives to the users.

Furthermore, the policy considers prohibiting the export of a particular product to other

countries, unless the importing countries have given their consent. In addition, imported

pesticides, which do not meet the quality requirements and regulations and certain minimal

product labeling requirements should be refused entry into South Africa.




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Compliance with the Vienna Convention on the Protection of the Ozone Layer and the

Montreal Protocol on Substances That Deplete the Ozone Layer: Vienna Convention and

the Montreal Protocol were adopted in 1985 and 1992, respectively. Ozone depleting

substances include methyl bromide, which is a form of a pesticide. As Party to this Convention

and Protocol, South Africa has to take the necessary steps and action to control the use of

methyl bromide. South Africa has reduced the use of methyl bromide by restricting the quantity

imported. It is also exploring possible substances as substitutes. South Africa is expected to

implement a total ban by 2015, as stipulated in the provisions of the Protocol. South Africa

therefore, is under obligation to set clear targets for action by formulating a definite plan ofaction for the reduction and total ban on methyl bromide. To ensure that the use of methyl

bromide in South Africa conforms to the international requirements with minimal domestic

impacts, either of an environmental, social or economic nature, the policy considers the

following:

• Raising awareness about the phasing out of methyl bromide and conducting research and

studies on possible substitutes;

• Reduce the use of methyl bromide to a complete ban by 2015. The Parties to the

Montreal Protocol have agreed on some exemptions, which include: quarantine and pre-

shipment uses (QPS), and critical and emergency uses.

Compliance with the Stockholm Convention on Persistent Organic Pollutants (POPs):

This convention was adopted in 2001. Its overall objective is to protect human health and the

environment from POPs. With the exception of Dichloride Diphenyl Trichloroethane (DDT),

South Africa has already banned all the POPs listed under this Convention. South Africa will

work with international communities to prevent the production and use of substances with POPs

characteristics. The policy considers that research to find alternate measures to control malaria

should be conducted.

Conformity with international obligations under the World Trade Organisation (WTO):

South Africa should conform with Article 2.1 of the WTO's Technical Barrier to trade, which sets

out that imported products shall be accorded treatment no less favourable than that accorded to

products on national origin. To comply with the above, the import of pesticides shall be based

on scientific risk assessments.




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(iii) Labelling

The DAFF shall ensure that pesticides are properly labelled to ensure that infonnation

necessary to ensure their safe use is prominently displayed. Infonnation should be presented in

such a way that it enables a person to understand the risks and develop a sense of proportion

in order to make a judgement on the acceptability of those risks. The Policy on Labelling would

be consistent with the new Globally Harmonised System (GHS) of Classification and Labelling

of Chemicals.

(iv) Moni toring and Research

Many pesticides are known to accumulate in the environment and to have detrimental effects on

human health and the environment. Long-tenn monitoring programmes and targeted research

are essential in order to evaluate these impacts. Without adequate and reliable data, it would be

impossible for the Government to assure South Africans that pesticides in current use are not

posing such a risk to wildlife and people.

The Policy recognizes that effective regulations are based on good science, and that strong ties

are needed between research/monitoring and regulation. Research and monitoring will help to

identify changes in pesticide pollUtion, danger spots, and particularly problematiC pesticides.

Furthennore, socio-economic studies need to be conducted to better assess the impact of

pestiCides on public health, the environment, and on fanning practices that may be used in a

particular area. Research and monitoring will provide useful infonnation for use in refining

regulatory risk assessments on registered pesticides under re-evaluation or special review.

(v) Pesticide disposal and container management

The environmentally sound disposal of cancelled, banned or unwanted pesticides poses a

significant challenge to producers of agricultural products and other pesticide users, owing to its

high cost. The proper disposal of waste pesticides eliminates a potential threat to health and the

environment.

South Africa has enacted several laws in an attempt to ensure that toxic wastes are disposed of

without becoming a danger to people or the environment. This legislation includes the

Hazardous Substance Act, 1973 (ActNo.

15 of 1973), the Environmental Conservation Act.1989 (Act 73 of 1989), the AtmospheriC Pollution Prevention Act, 1965 (Act No. 45 of 1965),

and the National Environmental Management Act, 1998 (Act 107 of 1998. South Africa is also a




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signatory of the Basel Convention on the Control of Transboundary Movements of Hazardous

Wastes and their Disposal. The Convention's main objectives are as follows:

• To ensure that the generation of hazardous waste is reduced to a minimum;

• To dispose as much as possible, hazardous wastes within the country of their

generation;

• To establish enhanced controls on exports and imports of hazardous waste; and

• To prohibit the shipment of hazardous wastes to countries that lack the legal,

administrative and technical capacity to manage and dispose them of in an

environmentally sound manner; and

• To cooperate on the exchange of information, transfer of technology, and the

harmonization of standards, codes and guidelines.

This Policy considers that programmes to collect old, out-of-date or otherwise unusable

pesticides to avoid the build up of obsolete pesticide used by farmers and other users must be

instituted by the DAFF. The programmes should also be expanded to include recovery and

recycling of plastic pesticide containers used by farmers.

(vi) Support for alternatives product and/or methods

The Policy proposes that the Government should support the development, availability and

adoption of sustainable pest management tools and practices in agriculture. This will include the

following:

• Help address farmers' needs in achieving effective and sustainable pest

management;

• Develop and implement strategies to reduce environmental and health risks from

pesticides;

• Support research to develop and improve pest management tools;

• Facilitate the registration of reduced-risk pestiCide and adoption by farmers; and

• Support the development of and provide information on the best Integrated Pest

Management and organic production.

Furthermore the policy considers that incentives and disincentives should be introduced to

support sustainable pest management. Disincentives will include introducing a registration levy

on pesticides (proportional to the potential damage to human health and the environment). Such

levies would encourage users to look for alternatives, and therefore, make non-chemical, low

risk chemical methods and biopesticides more competitive. Incentives will include introducing a




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low or no registration levy fee for companies seeking registration of biopesticides or registration

meant for organic farming.

(vii) Increasing transparency

According to section 32, (Access to Information), of the Constitution of Republic of South Africa,

Act No. 108 of 1986, the public has a right to access to information on pesticides to which they

are exposed.

To ensure transparency and access to information, the DAFF shall incorporate all aspects of theregulatory system and also avail the opportunity for public involvement in the development of

new aspects of the regulatory decision in the new legislation. Information must be presented in

such a way that it enables a person to understand the risks and develop a sense of proportion

in order to make a judgement on the acceptability of those risks. This will enable them to make

informed choices and avoid products containing harmful pesticides, and put pressure on

industry to develop safer substitutes. However, commercially sensitive information will be

suitably protected. To provide South Africans with the opportunity to provide inputs into

requirements, processes and poliCies for assessing pesticide risk and efficacy, regulatory

proposals and consultation documents will be made publicly available.

5. LEGISLATION

The Policy considers that the current legislation, the Fertilisers, Farm Feeds, Agricultural

Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947) and its regulations that sets up

framework for regulations of pesticides is outdated and therefore will need to be

revised/repealed. Thus new legislation is needed that will:

(i) Strengthen health and environmental protection by:

• IntrodUCing special protection for vulnerable populations (e.g. children, women,):

• Taking into account pesticide exposure from all sources, including, food and

water;

• Consider cumulative effects of pesticides that act in the same way;

• Support sustainable pest management;

• Prohibiting registration of products that poses unacceptable risk to people's

health or the environment;

• Expediting the registration of lower-risk products;• Mandate buffer zones for pesticides use areas; and




12• Mandate disclosure of hazardous formulants (inerts).

(ii) Make the registration system more transparent and participatory by the public:

• By establishing a public register containing information about permits.

applications. re-evaluations and special reviews; and

• The legislation will establish conditions that will allow for pre and post- decision

access to health. safety and environmental data. The conditions will include

provisions that will ensure confidential business information

(iii) Strengthen post-registration control of pesticides by:

• Requiring pesticide companies to report adverse effects;

• Requiring pesticide companies to report sales data;

• Requiring re-evaluation of older pesticide or special reviews of registered pesticides;

• Providing a comprehensive compliance strategy, with appropriate enforcement

provisions.

6. INSTITUTIONAL ARRANGEMENTS

6.1 Pesticide Regulation Unit

The policy considers that the DAFF should have a statutory mandate to regulate pestiCides. The

Unit will:

• Review applications for registration of pesticides;

• Conduct science-based health, environmental and effICacy assessments;

• Develop and implements policies and guidelines related to pesticide management;

• Promote sustainable development;

• Enforce compliance with the legislation; and

• Disseminate information on pesticide management issues.

6.2 Inter-departmental Cooperation

The policy recognised that effective and efficient management of pesticides is a concerted effort

that requires inter-departmental coordination from a range of team players. The responsibility

for the enforcement of pesticide regulation will be shared among the Department of

Health. Trade and Industry, Finance (Custom and Excise) Labour, Water Affairs, Environmental

Affairs, with the DAFF having the statutory responsibility. Recognising that these

departments will have complementary responsibil ities . the DAFF and the above-mentioned




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government departments will develop interdepartmental Memoranda of Understanding (MOU) in

relation to pesticide management issues. These MOUs are intended to foster a strong working

relationship between the parties by delineating their respective responsibilities and Identifying

areas of mutual interest.

6.3 Advisory Bodies

This policy considers it Is necessary to form advisory bodies to the pesticide regulation unit to

advise on policy and issues relating to the regulatory system and to monitor the system for

effIciency and performance.




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7. BIBLIOGRAPHY

• The Constitution of the Republic of South Africa, Act 1996 (Act No. 108 of 1996)

• The Strategic Plan for South African Agriculture, 2001

• The Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No.

36 of 1947)

• Hazardous Substance Act, 1973 (Act No. 15 of 1973),

• The Environmental Conservation Act. 1989 (Act 73 of 1989)

• The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes

and thei r Disposal

• International Code of Conduct on the Distribution and Use of Pesticides. 1985

• Intergovernmental Relations Management Bill

• National Environmental Management Act, 1998 (Act No. 107 of 1998)

• National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

• Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

• Policy on Agriculture in Sustainable Development

• Rother, A. and London. L. Pesticide health and safety policy mechanisms in South Africa:

the State of the debate. 1998.

• Stockholm Convention on Persistent Organic Pollutants, 2001• Montreal Protocol on Substances That Deplete the Ozone Layer, 1987

• Vienna Convention on the Protection of the Ozone Layer, 1985

• Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous

Chemicals and Pesticide In international trade, 1998.

• Wond Summit on Sustainable Development, 2002.

• Pesticides: Making the right choices for the protection of Health and the Environment, 2000




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A. ANNEXURE 1Definitions/Glossary of Terms

active ingredient means the biologically active part of the pesticide.

advisory bodies means the bodies that advises the registration authority on

any matter pertaining to pesticide registration and control.

banned pesticide means a pesticide for which all uses have baan prohibited by

final regulatory action, in order to protect human health or the

environment. The term includes a pesticide that has been

refused approval for first-time use, or has been withdrawn by

industry either from the domestic market or from further

consideration in the domestic approval process, and where

there is clear evidence that such action has been taken in

order to protect human health or the environment.

disposal means any operation to recycle, neutralize, destruct or

isolate pesticide waste, used containers and contaminated

materials.

environment means surroundings, including water, air, soil and their inter

relationship as well as their relationship with any living

organisms.

formulation means the combination of various ingredients designed to

render the product useful and effective for the purposeclaimed; the form of pesticide as purchased by users.

hazard means the inherent property of a substance, agent or

situation having the potential to cause undesirable

consequences (e.g. properties that can cause adverse

effects or damage to health, the environment or property).



STAATSKOERANT. 24 DESEMBER 2010 No.33899 55

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label means the written, printed or graphic matter on, or attached

to, the pesticide; or the immediate container thereof and the

outside container or wrapper of the retail package of the

pesticide.

manufacture means the production, by a corporation or other entity in the

public or private sector or any individual engaged in the

business or function (whether directly or through an agent or

through an entity controlled by or under contract with it), of a

pesticide, active ingredient or preparation of its formulation orproduct.

Maximum

(MRL)

Residue Limit means the maximum concentration of a residue that is legally

permitted or recognized as acceptable in or on a food or

agricultural commodity or animal feedstuff.

pesticide means any substance or mixture of substances intended to

prevent, destroy or control any pest, including vectors of

human or animal disease, unwanted species of plants or

animals causing harm during or otherwise interfering with the

production, processing, storage, transport, or marketing of

food, agricultural commodities, wood and wood products, or

animal feedstuffs, or which may be administered to animals

for the control of insects, arachnids or other pests in or on

their bodies. The term includes substances intended for use

as a plant growth regulator, defoliant. desiccant, or agent for

thinning fruit or preventing the premature fall of fruit, and

substances applied to crops either before or after harvest to

protect the commodity from deterioration during storage and

transport.

pesticide Industry means all those organisations and individuals engaged in

manufacturing, formulating or marketing pesticides and

pesticide products.



56 No.33899 GOVERNMENT GAZETTE. 24 DECEMBER 2010

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pesticide legislation means any laws or regulations introduced to regulate the

manufacture, marketing, distribution, labelling, packaging,

use and disposal of pesticides in their qualitative,

quantitative, health and environmental aspects.

poisoning means occurrence of damage or disturbance caused by a

poison, and includes intoxication.

product (or pesticide means the pesticide active ingredient(s) and other

product) components, in the form in which it is packaged and sold.

Registrar means the person appointed by the responsible Minister to

administer the pesticide legislation

registration means the process whereby the responsible national

government authority approves the sale and use of a

pesticide following the evaluation of comprehensive scientific

data demonstrating that the product is effective for the

intended purposes and does not poses unacceptable risk to

human or animal health or the environment.

residue means any specified substances in food, agricultural

commodities, animal feed resulting from the use of a

pesticide. The term includes any derivatives of a pesticide,

such as conversion products, metabolites, reaction products,

and impurities considered to be of toxicological significance.

The "term pesticide residue" includes residues from unknown

or unavoidable sources (e.g. environmental) as well as

known used of the chemical.

risk is a function of the probability of an adverse health or

environmental effect, and the severity of that effect, following

exposure.



severely restricted

toxicity


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means a pesticide for which virtually all registered uses have

been prohibited by final government regulatory action in

order to protect human health or the environment, but certain

specific registered use or uses remain are allowed. It

includes a pesticides that has, for virtually all uses, been

refused for approval or been withdrawn by industry either

from domestic market or from further consideration in the

domestic approval process, and where there is clear

evidence that such action has been taken in order to protect

human health or the environment.

means a physiological or biological property which deter-

mines the capacity of a chemical to do harm or produce

injury to a living organism by other than mechanical means.




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8. ANNEXURE 2

Acronyms

DAFF Department of Agriculture, Forestry and Fisheries

DDT Dichlorodiphenyltrichloroethane

EOP Endocrine Disrupting Properties

FAO Food and Agriculture Organisation

MOU Inter-Departmental Memoranda of Understanding

MRLs Maximum Residue Limits

POPs Persistent Organic Pollutants

PIC Prior Informed Consent

WHO World Health Organisation

WTO World Trade Organisation

Documents

Pesticide Management Policy